Judge: 'Weak case' against mom in death of son

Published: Thursday, January 9, 2014 at 1:05 p.m.

Last Modified: Thursday, January 9, 2014 at 6:57 p.m.

After hearing all the evidence in the case of a young mother charged with aggravated manslaughter in the death of her son, a judge on Thursday agreed with the defense that the state had not proven all the elements of that charge.

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"I just think it's a pretty weak case," said Circuit Judge Hale Stancil, who has been presiding over the trial of Tiffany Baker, 24.

So, when the all-female jury begins its deliberations today after closing arguments, the jury instructions will only include two second-degree felonies: child neglect and child abuse.

If Baker is found guilty, she would serve 15 years in prison, instead of 30 years if convicted of manslaughter.

The decision came late Thursday during a charge conference, which is when the lawyers and the judge prepare final jury instructions.

Defense attorney Jack Maro moved once again for a judgment of acquittal on behalf of his client.

"Three doctors testified they didn't know of their own volition that one pill is sufficient to kill a child," he said after court.

Maro added that his client only has a 9th grade education — significantly less than the inconclusive experts.

A visibly aggravated Assistant State Attorney Nick Camuccio pointed to the culpable negligence element of the aggravated manslaughter law to argue in favor of keeping that charge as an option for the jury. He noted that Baker herself testified that painkillers had made her comatose in the past and that she knew the pill had caused another woman to vomit.

Halchak, 35, pleaded guilty in March to aggravated manslaughter. He is not the child's father. He will be sentenced at a later date.

During the night, the child's condition began deteriorating and both Baker and Halchak tried to snap the child out of his lethargic state. Halchak told Baker not to alert authorities and that the child's condition would improve.

"He told me they (authorities) would look at me like I was a bad mom and it would be my fault if anything bad happened," Baker testified on Thursday.

Baker eventually called for help, but at the emergency room the child had no vital signs. Officials ruled his death a drug overdose.

Medical experts who testified for the state said if Jasper had been treated sooner, a drug could have been administered that likely would have saved his life.

"She didn't cause the death. Halcheck caused the death," Maro told the judge after his client testified. "If she would have brought the pill in, it would have been a different story."

Baker testified for more than an hour. She described relationships with three older men, including Halchak, all of whom were controlling.

Baker met Halchak during her time as an exotic dancer at Body Shots. He told her to quit the job and he would provide for her.

"He said I could do better than this and he didn't want me there," she said.

But Halchak didn't work while the couple lived together and she soon lost her car and cellphone, giving Halchak the upper hand.

Baker testified that he controlled what she ate, whom she interacted with, and where she went.

On direct examination, Maro asked her why she just didn't leave on her own accord. "He would just kind of hold my arm or keep me in the house or yell at me, multiple ways he'd just stop me,"

Baker testified.

She also stayed with Halchak because at the time of Jasper's death she was four months pregnant with the couple's daughter. She later miscarried.

"I loved him and I didn't think it was that bad," she said.

Her testimony reflect comments made earlier in the day by two doctors who testified about battered women's syndrome.

"It's relatively simple to say if you're being hurt you can simply leave, but in the constellation we are talking about, they (victims) do stay and they do come back," testified Dr. Paul Wheeler, a psychotherapist from Gainesville.

Stancil previously ruled the defense could not use battered women's syndrome as an actual legal defense to the charge. But the court allowed opinion testimony about the syndrome, despite Camuccio's objections.

While Baker's behavior is similar to that exhibited by battered spouses, the syndrome is not an actual diagnosis and does not have a defined list of criteria, Camuccio pointed out during cross-examination of Ocala psychologist Ava Land.

Land, who interviewed and performed tests on Baker in 2011, concluded that Baker presented symptoms of major depressive disorder and diagnosed the young woman with bereavement and personality disorder not otherwise specified.

"I don't think she had friends," Land testified. "She had the person she was living with and she had her mother. She really didn't have any significant relationships with other people. That's when she comes out with these traits that have an odd interpersonal interaction."

Baker described to Land her relationship with Halchak, 11 years her senior, as one that was magical at first but quickly deteriorated.

"She is aware of her submissive characteristics," Land said. "She stated to me: 'I have trouble,' 'It's hard for me, I want to please people,' 'I don't want people to be angry with me.' "

According to Land, Baker continued to see Halchak after Jasper's death.

"He becomes, in a sense, a paternal authority, the man who has the answers," Land testified. "And so when he says, 'You need to come and see me,' 'I need to talk to you'," she did so.

"And, again, the second piece of the battered women's syndrome is the cycle of violence," Land testified.

Camuccio argued to the court the testimony was meant to invoke sympathy for Baker and wasn't relevant to the child's death.

According to Land, Baker is the only person who knew what Halchak was capable of.

"She knew the power of his abuse. She knew what he could do and, again, she wants to please him. Not that she wanted her child to die to please this man, but that is the pattern of behavior she knew: to please him."

During the morning's testimony, several people watched the action unfold from the gallery, including a family friend of the defendant's, members of the State Attorney's Office staff, and Halchak's mother, who declined to give her first name, but said she came to support her son.

Baker's mother and defense witness, Valerie Robertson, remained outside the courtroom during the entire trial because of the rule of sequestration.

<p>After hearing all the evidence in the case of a young mother charged with aggravated manslaughter in the death of her son, a judge on Thursday agreed with the defense that the state had not proven all the elements of that charge.</p><p>"I just think it's a pretty weak case," said Circuit Judge Hale Stancil, who has been presiding over the trial of Tiffany Baker, 24.</p><p>So, when the all-female jury begins its deliberations today after closing arguments, the jury instructions will only include two second-degree felonies: child neglect and child abuse.</p><p>If Baker is found guilty, she would serve 15 years in prison, instead of 30 years if convicted of manslaughter.</p><p>The decision came late Thursday during a charge conference, which is when the lawyers and the judge prepare final jury instructions.</p><p>Defense attorney Jack Maro moved once again for a judgment of acquittal on behalf of his client.</p><p>"Three doctors testified they didn't know of their own volition that one pill is sufficient to kill a child," he said after court.</p><p>Maro added that his client only has a 9th grade education — significantly less than the inconclusive experts.</p><p>A visibly aggravated Assistant State Attorney Nick Camuccio pointed to the culpable negligence element of the aggravated manslaughter law to argue in favor of keeping that charge as an option for the jury. He noted that Baker herself testified that painkillers had made her comatose in the past and that she knew the pill had caused another woman to vomit.</p><p>During trial, evidence showed Jasper Sawyer, 2, swallowed a blue roxicet pill belonging to Baker's co-defendant and former boyfriend, Kalin Halchak.</p><p>Halchak, 35, pleaded guilty in March to aggravated manslaughter. He is not the child's father. He will be sentenced at a later date.</p><p>During the night, the child's condition began deteriorating and both Baker and Halchak tried to snap the child out of his lethargic state. Halchak told Baker not to alert authorities and that the child's condition would improve.</p><p>"He told me they (authorities) would look at me like I was a bad mom and it would be my fault if anything bad happened," Baker testified on Thursday.</p><p>Baker eventually called for help, but at the emergency room the child had no vital signs. Officials ruled his death a drug overdose.</p><p>Medical experts who testified for the state said if Jasper had been treated sooner, a drug could have been administered that likely would have saved his life.</p><p>"She didn't cause the death. Halcheck caused the death," Maro told the judge after his client testified. "If she would have brought the pill in, it would have been a different story."</p><p>Baker testified for more than an hour. She described relationships with three older men, including Halchak, all of whom were controlling.</p><p>Baker met Halchak during her time as an exotic dancer at Body Shots. He told her to quit the job and he would provide for her.</p><p>"He said I could do better than this and he didn't want me there," she said.</p><p>But Halchak didn't work while the couple lived together and she soon lost her car and cellphone, giving Halchak the upper hand.</p><p>Baker testified that he controlled what she ate, whom she interacted with, and where she went.</p><p>On direct examination, Maro asked her why she just didn't leave on her own accord. "He would just kind of hold my arm or keep me in the house or yell at me, multiple ways he'd just stop me,"</p><p>Baker testified.</p><p>She also stayed with Halchak because at the time of Jasper's death she was four months pregnant with the couple's daughter. She later miscarried.</p><p>"I loved him and I didn't think it was that bad," she said.</p><p>Her testimony reflect comments made earlier in the day by two doctors who testified about battered women's syndrome.</p><p>"It's relatively simple to say if you're being hurt you can simply leave, but in the constellation we are talking about, they (victims) do stay and they do come back," testified Dr. Paul Wheeler, a psychotherapist from Gainesville.</p><p>Stancil previously ruled the defense could not use battered women's syndrome as an actual legal defense to the charge. But the court allowed opinion testimony about the syndrome, despite Camuccio's objections.</p><p>While Baker's behavior is similar to that exhibited by battered spouses, the syndrome is not an actual diagnosis and does not have a defined list of criteria, Camuccio pointed out during cross-examination of Ocala psychologist Ava Land.</p><p>Land, who interviewed and performed tests on Baker in 2011, concluded that Baker presented symptoms of major depressive disorder and diagnosed the young woman with bereavement and personality disorder not otherwise specified.</p><p>"I don't think she had friends," Land testified. "She had the person she was living with and she had her mother. She really didn't have any significant relationships with other people. That's when she comes out with these traits that have an odd interpersonal interaction."</p><p>Baker described to Land her relationship with Halchak, 11 years her senior, as one that was magical at first but quickly deteriorated.</p><p>"She is aware of her submissive characteristics," Land said. "She stated to me: 'I have trouble,' 'It's hard for me, I want to please people,' 'I don't want people to be angry with me.' "</p><p>According to Land, Baker continued to see Halchak after Jasper's death.</p><p>"He becomes, in a sense, a paternal authority, the man who has the answers," Land testified. "And so when he says, 'You need to come and see me,' 'I need to talk to you'," she did so.</p><p>"And, again, the second piece of the battered women's syndrome is the cycle of violence," Land testified.</p><p>Camuccio argued to the court the testimony was meant to invoke sympathy for Baker and wasn't relevant to the child's death.</p><p>According to Land, Baker is the only person who knew what Halchak was capable of.</p><p>"She knew the power of his abuse. She knew what he could do and, again, she wants to please him. Not that she wanted her child to die to please this man, but that is the pattern of behavior she knew: to please him."</p><p>During the morning's testimony, several people watched the action unfold from the gallery, including a family friend of the defendant's, members of the State Attorney's Office staff, and Halchak's mother, who declined to give her first name, but said she came to support her son.</p><p>Baker's mother and defense witness, Valerie Robertson, remained outside the courtroom during the entire trial because of the rule of sequestration.</p><p><i>Contact April Warren at 867-4065 or april.warren@ocala.com.</i></p>